District Judge A K Vishvesh rejected the Anjuman Intezamia Masjid Committee's petition questioning the maintainability of the case, which has reignited the Kashi Vishwanath temple-Gyanvapi Masjid dispute.
Separately, the Allahabad High Court which is hearing another case dating back to 1991 on the temple-mosque dispute on Monday fixed September 28 for its next hearing.
The mosque is located next to the iconic temple and the case in the Varanasi court revived claims that the mosque was built on a portion of the Hindu structure demolished on the orders of Mughal emperor Aurangzeb.
The Supreme Court had directed the district court to first decide on the maintainability of the case, filed by five Hindu women seeking permission to offer daily prayers before the idols of Shringar Gauri.
The mosque committee had approached the Apex Court, arguing that their plea was not maintainable as the Places of Worship (Special Provisions) Act, 1991 mandated that the character of such places should remain as it was at Independence. The 1991 law made an exemption only for the Ram Janmabhoomi-Babri Masjid land dispute.
The Varanasi district court has now said the 1991 Act does not apply in this case - where the devotees are seeking permission for daily worship of the idols they say are already installed there. Already, they are allowed to offer prayers there once a year, their lawyers had argued.
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